GENERAL TERMS OF SALES – EQUIPMENTS

1-GENERAL

All purchase orders, including those received or accepted by representatives or agents of JBI or by JBI, shall commit JBI only after his written acceptance, in the form of an order confirmation. JBI’s offer do not commit JBI beyond the stated period of validity.

All telephone purchase order must be confirmed in writing and contractual leadtimes apply only from the date this order confirmation has been received. In the absence of purchase order confirmation from the Buyer, the order acknowledgement issued by JBI will be the reference.

No purchase order can be cancelled  without prior explicit consent of JBI .

2-INDUSTRIAL & INTELLECTUAL PROPERTY

JBI retains the industrial & intellectual property of the concepts and designs used to satisfy any purchase order and those can not be communicated or reproduced without prior explicit consent from JBI.

3-PRICES

Unless otherwise stipulated, JBI’s prices do not include taxes and refer to crated ex works deliveries. Unless otherwise stipulated confirmed prices are considered as definitely accepted by the Buyer 8 days after receipt of JBI’s order acknowledgement.

 4- TERMS OF PAYMENT

Unless otherwise stipulated, JBI’s prices are expressed in Euros.

Unless otherwise stipulated,  all equipment purchase order are payable 30% with the purchase order, 20% at the delivery and the balance 60 days  days net from the date of the invoice.

Unless otherwise stipulated,  all supplies, spare part, repair or tool purchase order are payable 30 days net from the date of the invoice.

Late payment penalty : subject to any other remedy available to JBI, any invoice or part thereof which is not paid on its due date shall from the next day bear interest, automatically and without prior notice, at the BCE reference rate plus seven (7) percentage points and rounded to the higher half (1/2) percentage point.

Moreover, any amount which is unpaid on its due date shall be increased by a fixed amount, payable as liquidated damages for administrative costs caused by recovery measures, and equal to ten percent (10%) of the unpaid amount.

5- DELIVERY LEADTIME

Delivery leadtime apply from the time all the details of the purchase order have been firmed and agreed by the Buyer and JBI. Dates of delivery are binding JBI as long as the Buyer has fullfilled all the perequisites of the purchase order which includes stipulated and agreed payment conditions.

Dates of delivery are given for information purposes only and JBI can not be liable for any delay or failure to meet agreed delivery deadline if such delay or failure shall be caused by an event or a contingency beyond JBI’s or JBI’s vendors reasonable control irrespective of the nature thereof.

The Buyer can not invoke a delivery delay to cancel the purchase order, claim compensation or penalties of any nature unless explicit convention agreed at the time of order and included in the purchase order.

6- TRANSPORT & INSURANCE

Unless otherwise stipulated, goods travel at the risks of the Buyer as soon as they have left the factory.

It is the recipient’s responsibility to check deliveries upon arrival and to file claim whenever necessary against the transport company even if goods have been sent free delivered.

No claim for missing quantities or damaged goods on arrival will be considered unless proper reserves have been properly made on the transport document  when goods have been received. No claim for missing quantities or damaged goods on arrival will be accepted if received 8 days after goods have been delivered to the Buyer.

7- RETENTION OF TITLE

The delivered goods shall remain JBI’s property until the invoice is fully paid or until the cheque for payment or the bill of exchange issued in payment of the invoice, is cashed. The same applies in case of partial deliveries and partial payments.

Notwithstanding the above, the risks of goods sold pass to the Buyer at the time of delivery.

As far as possible under the applicable law, the retention of title also applies for delivered goods that are transferred to third parties.

8-GUARANTEE

JBI warrants to the Buyer that the equipment being delivered to the Buyer will be free from defect in materials and workmanship at the time this equipment is despatched from JBI’s factory. This warranty runs over a period of 12 months from the date the equipment is delivered to the Buyer.

. The obligation of JBI under this warranty shall be limited to replacing any part that is defective in the reasonable opinion of JBI providing the equipment has been used correctly.

. The warranty only applies if the Buyer has fullfilled all his payment obligations.

. Defective conditions caused by abnormal use or misuse, lack or improper maintenance, damage by third parties, alterations by unauthorized personnel, acts of God, failure to follow installation or operating instructions or any other events beyond JBI’s control will not be covered under this warranty.

. The warranty ceases totally and immediately as soon as the Buyer proceeds by himself or through a third party with repairs or modifications without prior explicit consent from JBI.

. Part replacement or repair during the warranty time will not prolongate the warranty period.

Under no circumstance, JBI can be held responsible for lost of use, lost of turnover or profit, lost of products or for any co-lateral damage resulting from a problem encountered on our binding material.

9- PERSONAL INSURANCE

In case of accident with the delivered equipment for whatever reason and at whatever time, JBI’s liability is strictly limited to JBI own or accredited personal.

10- JURIDICTION & COMPETENT LAW

All disputes related to the supply or the payment of the goods, shall be settled by the Court of Commerce of Alençon (France – 61) and the Convention of Vienna relating to the International Sales (1980) is not applicable.

GENERAL TERMS OF SALES – BINDING MATERIAL

1-GENERAL

All purchase orders, including those received or accepted by representatives or agents of JBI or by JBI, shall commit JBI only after his written acceptance, in the form of an order confirmation. JBI’s offer do not commit JBI beyond the stated period of validity.

All telephone purchase order must be confirmed in writing and contractual leadtimes apply only from the date this order confirmation has been received. In the absence of purchase order confirmation from the Buyer, the order acknowledgement issued by JBI will be the reference.

No purchase order can be cancelled  without prior explicit consent of JBI .

2-PRICES

Unless otherwise stipulated, JBI’s prices do not include taxes and refer to packed ex works deliveries. Unless otherwise stipulated confirmed prices are considered as definitely accepted by the Buyer 24 hours after receipt of JBI’s order acknowledgement.

3-TERMS OF PAYMENT

Unless otherwise stipulated, JBI’s prices are expressed in Euros.

Unless otherwise stipulated,  all binding material purchase order are payable 30 days net from the date of the invoice.

Cash payment : a discount will be granted on the net goods value of the invoice. Payment will have to be received by JBI within one week following the date at which the invoice has been issued. Applicable discount rate will be stipulated on the invoice.

Late payment penalty : subject to any other remedy available to JBI, any invoice or part thereof which is not paid on its due date shall from the next day bear interest, automatically and without prior notice, at the BCE reference rate plus seven (7) percentage points and rounded to the higher half (1/2) percentage point.

Moreover, any amount which is unpaid on its due date shall be increased by a fixed amount, payable as liquidated damages for administrative costs caused by recovery measures, and equal to ten percent (10%) of the unpaid amount.

4- DELIVERY LEADTIME

Delivery leadtime apply from the time all the details of the purchase order have been firmed and agreed by the Buyer and JBI. Dates of delivery are given for information purposes only and are not binding. JBI reserves the right to make a partial delivery and to deliver the ordered goods with a ten per cent (10%) tolerance due to technical reasons. In case of partial delivery, partial payment shall become due.

5-TRANSPORT & INSURANCE

Unless otherwise stipulated, goods travel at the risks of the Buyer as soon as they have left the factory.

It is the recipient’s responsibility to check deliveries upon arrival and to file claim whenever necessary against the transport company even if goods have been sent free delivered.

No claim for missing quantities or damaged goods on arrival will be considered unless proper reserves have been properly made on the transport document  when goods have been received. No claim for missing quantities or damaged goods on arrival will be accepted if received 8 days after goods have been delivered to the Buyer.

6-RETENTION OF TITLE

The delivered goods shall remain JBI’s property until the invoice is fully paid or until the cheque for payment or the bill of exchange issued in payment of the invoice, is cashed. The same applies in case of partial deliveries and partial payments.

Notwithstanding the above, the risks of goods sold pass to the Buyer at the time of delivery.

As far as possible under the applicable law, the retention of title also applies for delivered goods that are transferred to third parties.

If according to the law, the retention of title disappears with the transfer of the goods to third parties, the Buyer shall, at the simple request of JBI, transmit to JBI all claims which the Buyer has on the acquirer of the goods.

JBI commits himself not to collect these claims to the extent that the Buyer correctly meets his commitment to pay.

As far as possible under the applicable law, the retention of title also applies for delivered goods which are transformed into other goods. The transformation of the goods, to which the retention of title applies, is carried out for the account of JBI.

If the goods with retention of title are transformed with other goods not belonging to JBI, JBI acquires the co-ownership of the new goods in the proportion of his share in the goods with retention of title, calculated on the total value of the new goods.

7-GUARANTEE

Conformity to the contract of the delivered goods is determined according to the state of the goods at the time of delivery. The acceptance of the goods at the time of delivery implies “clean receipt” and covers all visible defects.

Claims for defects visible at the delivery must be submitted by the Buyer in writing to JBI within three (3) days following delivery.

Claims for hidden defects can be considered only if the defects appear within a period of one (1) month following delivery, and are notified to JBI by e-mail, telefax or letter within three (3) days following discovery.

Goods found defective cannot be returned by the Buyer except with the prior and explicit consent of JBI.

Under no circumstance, JBI can be held responsible for lost of use, lost of turnover or profit, lost of products or for any co-lateral damage resulting from a problem encountered on our binding material.

8-LIABILITIES

Under no circumstances shall JBI be liable for defects caused by bad storage, handling by the Buyer, abnormal use of the goods, or transformation of the material due to climatological conditions.

Without prejudice to the above, JBI’s liability for damages arising from the delivered goods is in any case limited to the price of the goods, excluding damages.

In case of resale goods, processed or not, the Buyer shall, with respect to his own purchasers, restrict his liability for damages arising from the delivered goods to the value of this delivery.

9-JURIDICTION & COMPETENT LAW

All disputes related to the supply or the payment of the goods, shall be settled by the Court of Commerce of Alençon (France – 61) and the Convention of Vienna relating to the International Sales (1980) is not applicable.